PRAKASHAN, S/O VELAYI, ARAKKKAL HOUSE, PUNNAYOORKULAM, PERIYAMBALAM DESOM Vs. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUNNAMKULAM, (CR.NO. 297/2013 OF VADAKKEKKAD POLICE STATION)

JUDGEMENT

(1.) - The challenge in this petition filed under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for brevity) is directed against the order dated 18.11.2015 in S.C.No. 273/2014 of the learned Assistant Sessions Judge, Chavakkad. By the said order, the petitioner was ordered to be proceeded against under section 319 of the Code.

(2.) The aforesaid case originated from Crime No. 297 of 2013 of Vadakkekkad Police Station. In the said crime, five persons were arrayed as accused for having committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 read with 149 of the IPC. After investigation, final report was laid before the jurisdictional court. The case was thereafter committed to the court of Sessions. While the case was pending before the learned Sessions Judge, an application was filed by the learned Public Prosecutor seeking formal permission from the court below for conducting further investigation. The said petition was allowed and further investigation was conducted. On its conclusion, a report was submitted concluding that the petitioner had no involvement in the commission of offence. The petitioner was thus omitted from the array of the accused.

(3.) In the course of the trial which followed, PW1 was examined. Immediately thereafter Annexure-1 order was passed by the learned Sessions Judge, which reads as follows :